Cantu, Ivan Abner ( 2004 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. 74,220

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IVAN ABNER CANTU, Appellant

v.

THE STATE OF TEXAS

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APPEAL FROM COLLIN COUNTY

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Womack, J., filed a dissenting opinion, in which Price and Johnson, JJ., joined.

Constitutional error requires reversal "unless the court determines beyond a reasonable doubt that the error did not contribute to the conviction or punishment." ⁽¹⁾ I do not agree with the court's decision that the error of admitting evidence that was illegally seized was harmless. The error included clothing that contained blood with DNA that matched the victim's DNA. Such evidence probably has more weight than any other that courts receive today. (Other incriminating evidence was seized illegally, too.)

I am not willing to "find beyond as reasonable doubt," as the court does, that the illegally seized evidence "did not contribute to the appellant's conviction or punishment" because there was (1) "a great deal of circumstantial evidence," (2) testimony from the woman who assisted the appellant after the offense and was given the murder victim's diamond ring, and (3) testimony from that woman's relatives. Such testimony might be sufficient to support the conviction without the illegal evidence, but I do not see how it could remove every reasonable doubt that the illegal DNA evidence even contributed to the verdicts.

I believe the law requires us to reverse the judgment. I respectfully dissent.

En banc.

Filed June 30, 2004.

Do Not Publish.

1. Tex. R. App. P. 44.2(a).